Dansoman Sda Vrs Richard Ofosu [2023] GHACC 44 (25 July 2023)

Dansoman Sda Vrs Richard Ofosu [2023] GHACC 44 (25 July 2023)

The court held that although there was noncompliance with procedural rules regarding the amendment and supporting documents, such irregularity was not fatal and could be cured under Order 81 of C. I. 47; the objective of justice outweighs technical defaults.

Citation
[2023] GHACC 44
Parties
Plaintiff/respondent: Dansoman SDA Co-Operative Credit Union; Defendant/applicant: Richard Ofosu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Procedural Posture
Civil / Ruling on Preliminary Legal Objection
Outcome
preliminary objection dismissed
Legal Topics
Amendment of Pleadings, Non Compliance With Procedural Rules, Effect of Irregularity
Source Language
English
Civil Procedure Amendment of Pleadings Non Compliance With Procedural Rules Effect of Irregularity

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Parties

Dansoman SDA Co-Operative Credit Union

Plaintiff/respondent

Richard Ofosu

Defendant/applicant

Procedural Posture

Civil / Ruling on Preliminary Legal Objection

Legal Issues

  1. 1 Whether pleadings have closed for leave to be sought to amend the Writ of Summons and Statement of Claim
  2. 2 Whether noncompliance with Order 20 Rule 14(3) of C. I. 47 can be cured by Order 81 of C. I. 47

Ratio Decidendi

The court held that although there was noncompliance with procedural rules regarding the amendment and supporting documents, such irregularity was not fatal and could be cured under Order 81 of C. I. 47; the objective of justice outweighs technical defaults.

Court Disposition

preliminary objection dismissed

Orders

  • Preliminary Legal Objection is dismissed.